Divorce Mediation: Guide To Custody Between Same-Sex Marriages

Divorce is not easy, and it could get difficult if there are children involved, which could make things harder. Being same-sex parents presents you and your family with a whole new set of issues that modern courts are still trying to figure out. The following guide--with the help of your divorce mediator--will help you understand what you, your soon-to-be ex-spouse, and children might have to deal with.

Working It Out

Same sex partnerships and marriages are--regrettably--very new to this country, making your situation a little harder to decipher. Several states and judges are not on one accord regarding your legal status as a marriage or as legal parents.

Taking your custody battle to court may include unorthodox delays and an unpredictable outcome. So--for the sake of your child or children--do your best to settle legal physical custody, full custody, or joint custody without going to the courts.

Yet, not every couple can agree without the help of the courts, which is why it is a good idea to talk to your lawyer throughout this entire process as well as your mediator.

Factors Considered In A Custody Battle

The following are a few general factors a judge may consider when granting custody:

  • Domicile is very important to a judge because, according to psychologist, making sure the child (children) stays in the same school and neighborhood will help him or her cope with the divorce.
  • Your financial situation will be important, as the judge expects the child to live as comfortably as he or she did before the divorce.
  • Nursing parent--this only applies to women--will be favored if your child is still nursing.
  • The child's or children's preference will be taken into account. But, do not make the mistake of coaching your child or children, as it will look negatively upon you.
  • The biological parent may be favored.
  • Mental, emotional, or physical state of each parent could become a factor.

Remember that these are basic factors that could affect the outcome of your custody battle. There are others that your divorce mediation expert may tell you about as well as your lawyer because laws regarding same sex unions are developing every day.

Remember that both your mediator and lawyer can also make sure the judge presiding over your case is not adverse towards same sex unions, as he or she may be biased against your family's situation. Be sure to out weigh all your options, and make the best decision for your child.